JUDGMENT :

Heard Sri Prayogendra Pal, learned counsel for the appellant, Ms. Ruchi Srivastava, Advocate, holding brief of Ms. Archana Singh, learned counsel for the informant and learned A.G.A. for the State.

2. This criminal appeal has been instituted against the judgement and order dated 30.11.2019 passed by Special Court (POCSO Act)/Additional Sessions Judge, Court No. 3, Bulandshahr in Special Case No. 74 of 2017 (State of U.P. Vs. Rinku @ Prempal) arising out of Case Crime No. 447 of 2016 u/s 363, 366, 376 I.P.C. & Section 4 of POCSO Act, P.S.-Aurangabad, District- Bulandshahr.

3. By the impugned order, the trial court has convicted the appellant-accused Rinku alias Prempal under Sections 354-B, 363, 366 I.P.C. and Section 8 POCSO Act and sentenced the appellant-accused, Rinku @ Prempal u/s 366 I.P.C. to undergo 7 years imprisonment and a fine of Rs.2,000/-with default stipulation. The trial court has also convicted the appellant-accused u/s 8 of POCSO Act and sentenced him to undergo 5 years imprisonment and a fine of Rs.2,000/-with default stipulation. The trial court has acquitted the appellant-accused u/s 376 I.P.C. and Section 4 of POCSO Act. There is no criminal appeal filed by the State or victim against acquittal of appellant-accused u/s 376 I.P.C. and Section 4 of POCSO Act. Thus, the trial court’s order acquitting the accused under these sections has become final.

4. The provisions of Section 228-A I.P.C. as well as Section 33 of POCSO Act and in the judgement of the Apex Court in the case of Nipun Saxena & Anr. Vs. Union of India & Anr. passed in Writ Petition (Civil) No. 565 of 2012 prohibit disclosure of name of the victim against whom sexual offence has been committed. Therefore, in the present case, the prosecutrix shall be referred as the victim.

5. The prosecution case in brief is that the informant/father of victim, Kalua S/o Umrao Lodhi, resident of village-Ratanpur, P.S.-Aurangabad, District-Bulandshahr, submitted written report (Ext.Ka.1) on 12.10.2016 at P.S.-Aurangabad, District-Bulandshahr to the effect that on 07.10.2016 at 1 p.m., his daughter/victim aged 14 years suddenly went somewhere from her home. He has made search at all possible places but could not find her. He has full belief that accused, Rinku @ Prempal, S/o Sripal Lodhi, resident of Jagsana Kala, P.S.-Jahangeerabad, District-Bulandshahr, has enticed away her daughter. Accused, Rinku @ Prempal is his brother-in-law (sarhoo). In the absence of informant, accused stayed for 8 days in his house and thereafter, left his house.

6. On the basis of written report (Ext.Ka.1) submitted on 12.10.2016 at 9.40 a.m., Case Crime No. 447 of 2016 u/s 363, 366 I.P.C. was registered in police station concerned against Rinku @ Prempal. The chik first information report is (Ext.Ka.5). The registration of the case crime number was simultaneously entered into the general diary at Sr. No. 16 (Ext.Ka.6).

7. The case was investigated by P.W.3 S.I. Yashveer Singh, who was handed over the investigation on 12.10.2016. The victim was recovered on 12.10.2016 and her statement u/s 161 Cr.P.C. was recorded. On the basis of the statement of the victim, Section 376 I.P.C. and Section 4 of POCSO Act was added to the case crime number. The statement u/s 164 Cr.P.C. of the victim was recorded by the Judicial Magistrate concerned on 14.10.2016. The victim has stated in her statement u/s 164 Cr.P.C. (Ext.Ka.2) that on 07.10.2016, her maternal uncle (mausha), appellant-accused, Rinku @ Prempal took her from her home on a 4 wheeler on the pretext that her mother is standing nearby and she has phoned and asked him to bring her. Accused took her to the Bulandshahr Bus Station and from there to Ghaziabad Bus Station and then again from there to Railway Station, Ghaziabad and from there to Railway Station, Haridwar where they reached at 6 p.m. and from there, he took her to a rented room where he committed rape on her for 2-3 times. On her request, after 4 days, he took her to Railway